N.J. Admin. Code § 7:26H-4.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26H-4.4 - Solid waste collection tariff terms and conditions

(a) The following shall apply to all solid waste collection companies:

1. The solid waste collection utility shall have unencumbered access to any customer's container, utility container or other area from which solid waste is to be collected. If containers are located in an enclosed structure, said structure must allow for access. In the event that the structure prevents access, the collector shall return on the next regularly scheduled collection date. All containers and areas from which solid waste is to be collected shall be kept free from all hazards and potential hazards. During periods of inclement weather, containers are to be reasonably free from ice and snow.

2. Collection service shall be provided according to a schedule contained in the collector's tariff.

3. Where more than one rate schedule is available to a particular customer, the solid waste utility shall have at all times the responsibility to assist such customer in the selection of the rate schedule most favorable for their individual requirements and to make every reasonable effort to ensure that such customer is served under the most advantageous schedule. Each such utility shall include among the terms and conditions of its tariff the provision that it will assist customers in the selection of the rate schedule most favorable for their individual requirements.

4. The collector may provide miscellaneous collection services, including collection of yard clippings, garden refuse, bulky household refuse and additional types of solid waste not provided for in the basic service. Specific provisions must be outlined in the appropriate service section of the collector's tariff.

5. The collector may require that solid waste potentially dangerous to health and liable to cause injury be packaged in a matter which limits the possibility of exposure and/or injury. Specific provisions must be outlined in the terms and condition section of the collector's tariff.

6. Collectors are prohibited from collecting commingled loads of solid waste and designated source separated recyclable materials, except in those instances where a specific municipal exemption has been granted to the generator of those materials as provided by N.J.S.A. 13:1E-99.1 6(d). Each solid waste management district plan contains a definition of the district's designated recyclable materials. Collectors are prohibited from disposing of leaves in any manner that differs from that outlined in N.J.S.A. 13:1E-99.21.

7. Should the collector fail to pick up solid waste on a regularly scheduled day, and such failure is not caused by any act or omission of the customer, the collector shall make the pickup as soon as possible, but in no event shall it be later than the next regularly scheduled collection day.

8. In the event of inclement weather when operation of a solid waste collection vehicle would pose a threat to the safety of the public and/or the equipment and personnel of the collector, pickups shall be made no later than the next regularly scheduled day. In those cases where collection is scheduled on a one collection per week basis, that collection shall be made as soon as possible.

9. A collector may discontinue service to a customer provided it gives the customer at least 10 days' written notice of its intention to discontinue. A collector may discontinue service for nonpayment of bills provided it gives the customer at least 10 days' written notice of its intention to discontinue. At least 10 days for payment shall be allowed after sending a bill. The notice of discontinuance shall not be served until the expiration of the said 10-day period given for payment of the bill. However, in the case of fraud, illegal use, or when it is clearly indicated that the customer is preparing to leave, immediate payment of accounts may be required.

i. All notices of discontinuance to residential customer's shall contain the following:

(1) A statement that the collector is subject to the jurisdiction of the New Jersey Department of Environmental Protection;

(2) The address and telephone number of the collection utility; and

(3) A statement that in the event the customer is either unable to make payment of a bill or wishes to contest a bill the customer should contact the utility. The notice shall contain information sufficient for the customer to make an appropriate inquiry.

ii. A solid waste collector shall transmit copies of notices of discontinuance to the Department at the same time such notice is transmitted to the customer.

10. Residential customers who wish to discontinue or suspend service for periods of 30 days or more must give notice to the utility, by telephone or in writing, not less than seven days prior to the date they wish discontinuance of service and if applicable, indicate the date they wish service to resume. The utility is not obligated to credit a residential customer who fails to provide notice in the manner required herein.

11. A collector may terminate service to a customer for one of the acts or omissions listed below provided the collector complies with the notice provisions contained in subsection (a)9 above:

i. Non-payment of a valid bill at a present or previous location. Non-payment of bill for service to a commercial establishment shall not be cause for discontinuance of residential service;

ii. Fraudulent representation in relation to use of service;

iii. Customer moving from the premises unless the customer requests that the service be continued;

iv. Providing a collector's service to others without the collector's approval; or

v. Failure to make or increase an advance payment or deposit as provided for in the collector's tariff.

12. The collector shall have the right to refuse pickup of waste for any of the following reasons:

i. Waste is not placed in proper containers;

ii. Waste is not placed at designated pickup locations;

iii. Waste contains hazardous material (as defined in N.J.A.C. 7:26), or other matter is likely to cause injury to the public or the collector's personnel;

iv. Waste is not placed out for collection on the scheduled day;

v. Passage on the street or into the property is obstructed in any way by the operations to pave the street, by the digging of water or sewer lines or other type of construction. Pickup shall be provided on the next regularly scheduled collection day;

vi. The collector is asked to move the collection vehicle by an authorized government official or a member of the local police or fire department because the customer, either residential, commercial or industrial, has not provided either adequate or legal parking for the collection of garbage, refuse or solid waste. Under these circumstances, the collector may leave and not be obligated to return until the next regularly scheduled collection day;

vii. Containers exceed prescribed weight limits as prescribed in the collector's tariff;

viii. Containers are over filled or overflowing;

ix. The particular service and/or waste type is not included in the collector's tariff; or

x. Solid waste is commingled with designated source separated recyclable material.

13. Collection services may be restored upon proper application when the conditions under which such service were discontinued are corrected, and upon the payment of all proper charges due from the customer as provided in the collector's tariff.

(b) The following provisions shall apply to all solid waste collection utilities regarding billings and payments for services.

1. The collector may bill customers for service on a monthly or quarterly basis in advance. At least 10 days' time for payment shall be allowed after sending a bill. Bills for payment of services shall be mailed to the address indicated by the customer at the time service is requested, absent subsequent notice by the customer.

2. If the collector does not utilize advanced billing, residential, commercial, and industrial solid waste collection billings are to be made with payment due in 30 days. At least 10 days' time for payment shall be allowed after sending a bill. If payment has not been received after 10 days past the date the bill was payable, then the collector may discontinue service to the customer upon providing 10 days' written notice in accordance with (a)9 above.

3. All bills for collection shall include and list separately the following information:

i. The date of the bill;

ii. The time period for which the service is rendered;

iii. The size and number of containers;

iv. The frequency of service;

v. The waste type;

vi. The disposal facility and tariff rate applied, including:

(1) The disposal component (actual weight for roll-off services);

(2) The service component; and

(3) Special or additional charges, if applicable;

vii. A separate line item showing the surcharge applied, if any, to fund county health department enforcement activities, N.J.S.A. 13:1E-9.1;

viii. A separate line item showing the Solid Waste Service Tax;

ix. A separate line item showing the Host Community Benefit surcharge, if any;

x. Separate line items showing the Sanitary Landfill Closure and Contingency Fund Act tax, N.J.S.A. 13:1E-100 et seq.; and

xi. The total charge for the service.

4. Residential rates are based on an annual service charge. No credit shall be extended to the customer or deduction allowed should the collector fail to make a collection for reasons outside the collector's control, or should the customer not provide refuse, garbage or solid waste for collection except as allowed in (a)11 above.

5. If credit has not been established, the collector may request a reasonable deposit. The initial deposit shall be equal to the estimated average bill of the customer for a given billing period. In determining the amount of the deposit, there shall be excluded from the average bill such portion thereof, if any, for which payment is received in advance. If the actual bills of the customer subsequently rendered prove the deposit is either insufficient or excessive, the deposit may be adjusted in accordance with the facts. Failure to tender the required deposit shall result in the discontinuance of service in accordance with (a)9 above.

i. Customers who have defaulted in payment of bills may be required to furnish a deposit or increase an existing deposit in an amount sufficient to secure payment of future bills. The amount of such deposit shall be reasonably related to the probable charge for service during a billing period, this period to include the average time required for collection after bills are rendered. If a customer fails to make the required deposit, the collector may discontinue service in accordance with (a)9 above.

ii. If a customer who has made a deposit fails to pay a bill, the collector may apply such deposit in so far as is necessary to liquidate the bill and require the deposit to be restored to the original amount.

iii. The collector shall furnish a receipt to each customer who has made a deposit.

iv. Upon closing any account the balance of any deposit remaining after the closing bill for service has been settled shall be returned promptly to the customer plus simple interest at a rate of 400 basis points over the short term applicable Federal Rate established by the Internal Revenue Service under 26 U.S.C. § 1274, in effect on the date of the refund. Where return of the deposit is made in cash, surrender of the receipt or, in lieu thereof, proof of identity may be required.

6. No customer shall be required to pay, reward or to give any gratuity to receive the waste collection service to which the customer is entitled by contract or regulation.

7. The collector may require from institutional, commercial and industrial customers a written acknowledgment of services rendered (receipt). Such receipt will be provided by the collector and may state the date, time of arrival, time of departure, amount of refuse removed as well as other information reasonably necessary for account billing. The collector shall provide a copy of the receipt to the customer.

N.J. Admin. Code § 7:26H-4.4

Amended by R.1997 d.510, effective 10/31/1997 (operative November 10, 1997).
See: 29 N.J.R. 4170(a), 29 N.J.R. 5084(a).
Deleted (a)14; deleted (b)3vi(3); and recodified existing (b)3vi(4) and (b)3vi(5) as (b)3vi(3) and (b)3vi(4). Readopted provisions of Emergency Amendment R.1997 d.404 without change.
Amended by R.2002 d.356, effective 11/4/2002.
See: 34 N.J.R. 1792(a), 34 N.J.R. 3819(a).
In (a)9, substituted "10" for "seven" following "at least" in the second sentence and inserted "given for payment of the bill" following "10-day period" in the fourth sentence of the introductory paragraph; in (b), deleted 3vi(4) and rewrote 3viii.
Amended by R.2008 d.117, effective 5/5/2008.
See: 39 N.J.R. 4477(a), 40 N.J.R. 2243(a).
In (b)2, and in the introductory paragraph of (b)5 and in (b)5i, substituted "(a)9" for "(a)10"; in (b)2, substituted the third occurrence of "10" for "seven", and in (b)5i, substituted "collector" for "disposal facility".

Administrative Change, 55 N.J.R. 2003(a), effective 8/23/2023